Common use of Severe Weather and Other Emergencies Clause in Contracts

Severe Weather and Other Emergencies. If Owner at any time leaves the Vessel in the water, overnight or otherwise, including due to arriving at the Marina after hours of normal dry-storage facility operation (or for any other period, which requires the Marina’s advance, written consent in any event), Owner shall be responsible for ensuring that the Vessel is properly moored and prepared for all inclement or severe weather conditions. Owner shall not anchor or tie his Vessel to a structural member of the Marina. Should Owner fail to properly moor the Vessel, the Xxxxxx xxx impose a charge of $2.00 per foot of line installed on the vessel, as well as a $50.00 per hour labor charge, with a one (1) hour minimum, for the setting of lines. Any charge for setting mooring lines shall become due and payable with the next monthly billing statement. The Marina shall have the right, but not the obligation, to board the Vessel at all times to ensure compliance with this Agreement, as well as the right to re-tie and/or reset any lines on the Vessel that fail to comply with the Marina’s mooring requirements. The Marina’s exercise of these rights does not relieve Owner of any obligations or create any obligation for the Marina. In the event of inclement or severe weather, the waters of the Xxxxxx xxx be unsafe for all vessels. The Marina is constructed for vessels not to remain during a tropical storm or hurricane. If the Vessel is in the water for any reason and the Marina is closed and/or otherwise unable to remove the Vessel to a dry-storage space, Owner is required to move the Vessel from the Marina upon the issuance of a tropical-storm watch or hurricane watch for coastal Alabama by the National Weather Service/National Oceanic and Atmospheric Administration. In such an event, if Owner fails to promptly remove the Vessel from the Marina, the Marina and its employees or agents are authorized to remove the Vessel or take any and all other reasonable actions deemed appropriate by the Marina or its employees or agents in order to better secure the Vessel and to protect the Marina premises and facilities, private property, other vessels, and the environment. Owner will be charged a reasonable fee for any such action. The Marina, its employees, or agents shall not be liable for any damage incurred to the Vessel from any severe weather, including storms and hurricanes, and Owner hereby releases the Marina and all Protected Parties (as the term is defined in this Agreement) from such liability. In such an event, if the Vessel remains in the water, any and all resulting damages to Marina property or the Marina premises or facilities will be invoiced to Owner, and Owner will defend, indemnity, and hold harmless the Marina and all Protected Parties from any costs, claims, damages, or liabilities whatsoever that the Marina or any of the Protected Parties incurs, arising from the Vessel remaining in the Marina in violation of this Agreement.

Severe Weather and Other Emergencies. If Owner at any time leaves the Vessel in the water, overnight or otherwise, including due to arriving at the Marina after hours of normal dry-storage facility operation (or for any other period, which requires the Marina’s advance, written consent in any event), Owner shall be responsible for ensuring that the Vessel is properly moored and prepared for all inclement or severe weather conditions, and shall, at a minimum, maintain double mooring lines at the bow and xxxxx of the vessel on the port and starboard sides and set spring lines thereon. Owner shall not anchor or tie his Vessel to a structural member of the Marina. Should Owner fail to properly moor the Vessel, the Xxxxxx xxx impose a charge of $2.00 per foot of line installed on the vessel, as well as a $50.00 per hour labor charge, with a one (1) hour minimum, for the setting of lines. Any charge for setting mooring lines shall become due and payable with the next monthly billing statement. The Marina shall have the right, but not the obligation, to board the Vessel at all times to ensure compliance with this Agreement, as well as the right to re-tie and/or reset any lines on the Vessel that fail to comply with the Marina’s mooring requirements. The Marina’s exercise of these rights does not relieve Owner of any obligations or create any obligation for the Marina. In the event of inclement or severe weather, the waters of the Xxxxxx xxx be unsafe for all vessels. The Marina is constructed for vessels not to remain during a tropical storm or hurricane. If the Vessel is in the water for any reason and the Marina is closed and/or otherwise unable to remove the Vessel to a dry-storage space, Owner is required advised to move the Vessel from the Marina upon the issuance of a tropical-storm watch or hurricane watch for coastal Alabama by the National Weather Service/National Oceanic and Atmospheric Administration. Owner shall move the Vessel to a safe environment well prior to storm conditions. In such an event, if the event Owner fails to promptly remove the Vessel from the Marina, the Marina and its employees or agents are authorized authorized, but not obligated, to remove the Vessel from its boat slip or take any and all other reasonable actions deemed appropriate by the Marina or its employees or agents in order to better secure the Vessel and to protect the Marina premises and facilities, private property, other vessels, and the environment. Owner will be charged a reasonable fee for any such action. The Marina, its employees, or agents shall not be liable for any damage incurred to the Vessel from any severe weather, including storms and hurricanes, and Owner hereby releases the Marina and all Protected Parties (as the term is defined in this Agreement) from all such liability. In such an event, if If the Vessel remains in the waterboat slip, any and all resulting damages to Marina property or the Marina premises or facilities will be invoiced to Owner, and Owner will defend, indemnity, and hold harmless the Marina and all Protected Parties from any costs, claims, damages, or liabilities whatsoever that the Marina or any of the Protected Parties incurs, arising from the Vessel remaining in the Marina in violation of this Agreement.

Severe Weather and Other Emergencies. If Xxxxxx expects Boat Owner at any time leaves the Vessel in the water, overnight to have made suitable arrangements for safe sheltered anchorage during severe weather including without limitation tropical storms or otherwisehurricanes and Boat Owner warrants such arrangements have or will be made. Boat Owner may not assume that Marina Facilities, including due to arriving at without limitation the Marina after hours of normal dry-boat slip/storage facility operation (or for any other space will be safe, sheltered anchorage during such period, which requires the Marina’s advance, written consent in any event), Owner shall be responsible for ensuring that the Vessel is properly moored and prepared for all inclement or severe weather conditions. Owner shall not anchor or tie his Vessel to a structural member of the Marina. Should Owner fail to properly moor the Vessel, the Xxxxxx xxx impose a charge of $2.00 per foot of line installed on the vessel, as well as a $50.00 per hour labor charge, with a one (1) hour minimum, for the setting of lines. Any charge for setting mooring lines shall become due and payable with the next monthly billing statement. The Marina shall have the right, but not the obligation, to board the Vessel at all times to ensure compliance with this Agreement, as well as the right to re-tie and/or reset any lines on the Vessel that fail to comply with the Marina’s mooring requirements. The Marina’s exercise of these rights does not relieve Owner of any obligations or create any obligation for the Marina. In the event of inclement impending severe weather or severe weatheremergency, Marina, at its sole discretion, reserves the waters of the Xxxxxx xxx be unsafe for all vessels. The Marina is constructed for vessels not to remain during a tropical storm or hurricane. If the Vessel is in the water for any reason and the Marina is closed and/or otherwise unable to remove the Vessel to a dry-storage space, Owner is required right to move the Vessel from the Marina upon the issuance of a tropical-storm watch or hurricane watch for coastal Alabama by the National Weather Service/National Oceanic and Atmospheric Administration. In such an event, if Owner fails to promptly remove the Vessel from the Marina, the Marina and its employees or agents are authorized to remove evacuate the Vessel or take such other actions as Xxxxxx xxxxx appropriate at Boat Owner’s sole risk and expense. UNDERTAKING TO MOVE OR EVACUATE THE VESSEL SHALL NOT BE DEEMED AN ASSUMPTION OF RISK OR RESPONSIBILITY FOR THE SAFETY, SECURITY AND CARE OF THE VESSEL BY MARINA. XXXXXX SHALL NOT BE DEEMED A VAILEE OF THE BOAT. Boat Owner agrees to reimburse Xxxxxx for any and all other reasonable actions deemed appropriate by costs it incurs on Boat Owner’s behalf in emergency situations. Boat Owner on his behalf and on behalf of the Vessel, acknowledges that he/her has read and fully understands this Agreement, including the Marina or its employees or agents in order to better secure the Vessel and to protect the Marina premises and facilities, private property, other vessels, and the environmentRules set forth here-in. Owner will be charged a reasonable fee for any such action. The Marina, its employees, or agents shall not be liable for any damage incurred to the Vessel from any severe weather, including storms and hurricanes, and Owner hereby releases the Marina and all Protected Parties (as the term is defined in this Agreement) from such liability. In such an event, if the Vessel remains in the water, any and all resulting damages to Marina property or the Marina premises or facilities will be invoiced to Owner, and Owner will defend, indemnity, and hold harmless the Marina and all Protected Parties from any costs, claims, damages, or liabilities whatsoever certifies that the Marina or any of the Protected Parties incurs, arising from the Vessel remaining in information provided is correct and agrees to promptly notify the Marina in violation the event of this Agreement.changes to the above information. Copies of current registration/documentation and Certificate of Insurance are required to be kept at the Marina Office for as long as the Vessel is at Marina Facilities. This Agreement is made and to be construed under the laws of the Commonwealth of Virginia. “MARINA” “BOAT OWNER” AND “Vessel” H & E Properties, LLC. dba Crown Pointe Marina (Print Boat Owner’s Name) Xxxxxx Operations Manager Sign Here (Boat Owner)

Severe Weather and Other Emergencies. If Xxxxxx expects Boat Owner at any time leaves the Vessel in the water, overnight to have made suitable arrangements for safe sheltered anchorage during severe weather including without limitation tropical storms or otherwisehurricanes and Boat Owner warrants such arrangements have or will be made. Boat Owner may not assume that Marina Facilities, including due to arriving at without limitation the Marina after hours of normal dry-boat slip/storage facility operation (or for any other space will be safe, sheltered anchorage during such period, which requires the Marina’s advance, written consent in any event), Owner shall be responsible for ensuring that the Vessel is properly moored and prepared for all inclement or severe weather conditions. Owner shall not anchor or tie his Vessel to a structural member of the Marina. Should Owner fail to properly moor the Vessel, the Xxxxxx xxx impose a charge of $2.00 per foot of line installed on the vessel, as well as a $50.00 per hour labor charge, with a one (1) hour minimum, for the setting of lines. Any charge for setting mooring lines shall become due and payable with the next monthly billing statement. The Marina shall have the right, but not the obligation, to board the Vessel at all times to ensure compliance with this Agreement, as well as the right to re-tie and/or reset any lines on the Vessel that fail to comply with the Marina’s mooring requirements. The Marina’s exercise of these rights does not relieve Owner of any obligations or create any obligation for the Marina. In the event of inclement impending severe weather or severe weatheremergency, Marina, at its sole discretion, reserves the waters of the Xxxxxx xxx be unsafe for all vessels. The Marina is constructed for vessels not to remain during a tropical storm or hurricane. If the Vessel is in the water for any reason and the Marina is closed and/or otherwise unable to remove the Vessel to a dry-storage space, Owner is required right to move the Vessel from the Marina upon the issuance of a tropical-storm watch or hurricane watch for coastal Alabama by the National Weather Service/National Oceanic and Atmospheric Administration. In such an event, if Owner fails to promptly remove the Vessel from the Marina, the Marina and its employees or agents are authorized to remove evacuate the Vessel or take such other actions as Xxxxxx xxxxx appropriate at Boat Owner’s sole risk and expense. UNDERTAKING TO MOVE OR EVACUATE THE VESSEL SHALL NOT BE DEEMED AN ASSUMPTION OF RISK OR RESPONSIBILITY FOR THE SAFETY, SECURITY AND CARE OF THE VESSEL BY MARINA. XXXXXX SHALL NOT BE DEEMED A VAILEE OF THE BOAT. Boat Owner agrees to reimburse Xxxxxx for any and all other reasonable actions deemed appropriate by costs it incurs on Boat Owner’s behalf in emergency situations. Boat Owner on his behalf and on behalf of the Vessel, acknowledges that he/her has read and fully understands this Agreement, including the Marina or its employees or agents in order to better secure the Vessel and to protect the Marina premises and facilities, private property, other vessels, and the environmentRules set forth here-in. Owner will be charged a reasonable fee for any such action. The Marina, its employees, or agents shall not be liable for any damage incurred to the Vessel from any severe weather, including storms and hurricanes, and Owner hereby releases the Marina and all Protected Parties (as the term is defined in this Agreement) from such liability. In such an event, if the Vessel remains in the water, any and all resulting damages to Marina property or the Marina premises or facilities will be invoiced to Owner, and Owner will defend, indemnity, and hold harmless the Marina and all Protected Parties from any costs, claims, damages, or liabilities whatsoever certifies that the Marina or any of the Protected Parties incurs, arising from the Vessel remaining in information provided is correct and agrees to promptly notify the Marina in violation the event of this Agreement.changes to the above information. Copies of current registration/documentation and Certificate of Insurance are required to be kept at the Marina Office for as long as the Vessel is at Marina Facilities. This Agreement is made and to be construed under the laws of the Commonwealth of Virginia. “MARINA” “BOAT OWNER” AND “Vessel” H & E Properties, LLC. dba Crown Pointe Marina (Print Boat Owner’s Name) Xxxxxx Operations Manager or designee Sign Here (Boat Owner)

Severe Weather and Other Emergencies. If Owner at any time leaves the Vessel in the water, overnight or otherwise, including due to arriving at the Marina after hours of normal dry-storage facility operation (or for any other period, which requires the Marina’s advance, written consent in any event), Owner shall be responsible for ensuring that the Vessel is properly moored and prepared for all inclement or severe weather conditions. Owner shall not anchor or tie his Vessel to a structural member of the Marina. Should Owner fail to properly moor the Vessel, the Xxxxxx xxx impose a charge of $2.00 per foot of line installed on the vessel, as well as a $50.00 per hour labor charge, with a one (1) hour minimum, for the setting of lines. Any charge for setting mooring lines shall become due and payable with the next monthly billing statement. The Marina shall have the right, but not the obligation, to board the Vessel at all times to ensure compliance with this Agreement, as well as the right to re-tie and/or reset any lines on the Vessel that fail to comply with the Marina’s mooring requirements. The Marina’s exercise of these rights does not relieve Owner of any obligations or create any obligation for the Marina. In the event of inclement or severe weather, the waters of the Xxxxxx xxx be unsafe for all vessels. The Marina is constructed for vessels not to remain during a tropical storm or hurricane. If the Vessel is in the water for any reason and the Marina is closed and/or otherwise unable to remove the Vessel to a dry-storage space, Owner is required to move the Vessel from the Marina upon the issuance of a tropical-storm watch or hurricane watch for coastal Alabama by the National Weather Service/National Oceanic and Atmospheric Administration. In such an event, if Owner fails to promptly remove the Vessel from the Marina, the Marina and its employees or agents are authorized to remove the Vessel or take any and all other reasonable actions deemed appropriate by the Marina or its employees or agents in order to better secure or salvage the Vessel and to protect the Marina premises and facilities, private property, other vessels, and the environment. Owner will be charged a reasonable fee for any such action. The Marina, its employees, or agents shall not be liable for any damage incurred to the Vessel from any severe weather, including storms and hurricanes, and Owner hereby releases the Marina and all Protected Parties (as the term is defined in this Agreement) from such liability. In such an event, if the Vessel remains in the water, any and all resulting damages to Marina property or the Marina premises or facilities will be invoiced to Owner, and Owner will defend, indemnity, and hold harmless the Marina and all Protected Parties from any costs, claims, damages, or liabilities whatsoever that the Marina or any of the Protected Parties incurs, arising from the Vessel remaining in the Marina in violation of this Agreement.

Severe Weather and Other Emergencies. If Owner at any time leaves the Vessel in the water, overnight or otherwise, including due to arriving at the Marina after hours of normal dry-storage facility operation (or for any other period, which requires the Marina’s advance, written consent in any event), Owner shall be responsible for ensuring that the Vessel is properly moored and prepared for all inclement or severe weather conditions. Owner shall not anchor or tie his Vessel to , and shall, at a structural member minimum, maintain double mooring lines at the bow and xxxxx of the Marinavessel on the port and starboard sides and set spring lines thereon. Should Owner fail to properly moor the Vessel, the Xxxxxx xxx impose a charge of $2.00 per foot of line installed on the vessel, as well as a $50.00 per hour labor charge, with a one (1) hour minimum, for the setting of lines. Any charge for setting mooring lines shall become due and payable with the next monthly billing statement. The Marina shall have the right, but not the obligation, right to board the Vessel at all times to ensure compliance with this Agreement, as well as the right to re-tie and/or reset any lines on the Vessel that fail to comply with the Marina’s mooring requirements. The Marina’s exercise Owner shall not anchor or tie his Vessel to a structural member of these rights does not relieve Owner of any obligations or create any obligation for the Marina. In the event of inclement or severe weather, the waters of the Xxxxxx xxx be unsafe for all vessels. The Marina is constructed for vessels not to remain during a tropical storm or hurricane. If the Vessel is in the water for any reason and the Marina is closed and/or otherwise unable to remove the Vessel to a dry-storage space, Owner is required advised to move the Vessel from the Marina upon the issuance of a tropical-storm watch or hurricane watch for coastal Alabama by the National Weather Service/National Oceanic and Atmospheric Administration. Owner shall move the Vessel to a safe environment well prior to storm conditions. In such an event, if the event Owner fails to promptly remove the Vessel from the Marina, the Marina and its employees or agents are authorized to remove the Vessel from its boat slip or take any and all other reasonable actions deemed appropriate by the Marina or its employees or agents in order to better secure the Vessel and to protect the Marina premises and facilities, private property, other vessels, and the environment. Owner will be charged a reasonable fee for any such action. The Marina, its employees, or agents shall not be liable for any damage incurred to the Vessel from any severe weather, including storms and hurricanes, and Owner hereby releases the Marina and all Protected Parties (as the term is defined in this Agreement) from such liability. In such an event, if If the Vessel remains in the waterboat slip, any and all resulting damages to Marina property or the Marina premises or facilities will be invoiced to Owner, and Owner will defend, indemnity, and hold harmless the Marina and all Protected Parties from any costs, claims, damages, or liabilities whatsoever that the Marina or any of the Protected Parties incurs, arising from the Vessel remaining in the Marina in violation of this Agreement.